Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog

‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer

‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

How The UK Could Be Failing Migrant Modern Slavery Victims – And What We Can Do About It – Each Other

‘The UK’s modern slavery framework was almost five times less likely to recognise victims from non-European countries than those from Britain last year, . This is despite the fact that many of the top countries for human trafficking are outside Europe. Maya Esslemont examines ways we can ensure victims do not slip through the net and miss out on vital support.’

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Each Other, 15th April 2020

Source: eachother.org.uk

Coronavirus: Public reassured over lockdown policing rules – BBC News

‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’

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BBC News, 10th April 2020

Source: www.bbc.co.uk

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

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Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Leviathan unshackled? – UK Human Rights Blog

‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

UK councils face lawsuits over access to education in lockdown – The Guardian

‘The UK government must ensure pupils from poor backgrounds have computers and internet connections during the coronavirus lockdown or face legal action for depriving children of their education, according to a group of legal activists.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Carol Harlow: Windrush: Lessons learned or perhaps not? – UK Constitutional Law Association

‘On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was published. For those who have missed out on the considerable publicity generated by the Windrush Generation scandal, a short account is in order. The Windrush Generation broadly comprises Commonwealth citizens who have indefinite leave to remain in the UK or “settled status” on the basis of having settled in the UK before 1973 when the Commonwealth Immigration Act 1971 came into force, and not since 1988 having left the UK for more than two years. Many of these elderly British citizens were unable to prove their right to live here to the satisfaction of the Home Office (perhaps because they entered the country on a parent’s passport or had lost their papers in the ensuing forty-odd years since their arrival). These unfortunate “surprised Brits” were denied healthcare, welfare benefits, pensions, lost their settled housing and long-term jobs, were taken into detention and even deported. They had become victims of the so-called “hostile environment” policy, a set of measures introduced in 2012 by Theresa May when Home Secretary with a view to making life as difficult as possible in the UK for people with no legal status to encourage them to leave. The measures were defended at the time by Theresa May, then Home Secretary, and incorporated into the Immigration Act 2014.’

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UK Constitutional Law Association, 6th April 2020

Source: ukconstitutionallaw.org

Lewis Graham: Life Sentences under the Convention: Law or Politics? – UK Constitutional Law Association

‘Sometimes cases stand for far more than their strict ratio decidendi. The High Court’s recent ruling in Hafeez v Secretary of State for the Home Department is a prime example of such a case. The facts are simple. The US sought from the UK the extradition of Mr Hafeez, the alleged leader of an international crime syndicate and so-called “Sultan of drugs”. Unsurprisingly, Mr Hafeez resisted that motion, claiming that were he to be extradited, he would in all likelihood be sentenced to life without parole in the US, which would breach his rights under the ECHR. The UK, he argued, would be complicit in breaching his rights were it to proceed with the extradition. The High Court was to determine whether this was in fact the case.’

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UK Constitutional Law Association, 3rd April 2020

Source: ukconstitutionallaw.org

Data Protection and Capital Punishment – The 36 Group

‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’

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The 36 Group, 30th March 2020

Source: 36group.co.uk

Criminal Powers in response to Covid-19 – stay indoors instructions – 5 SAH

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group

‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’

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The 36 Group, 2nd April 2020

Source: 36group.co.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer

‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Lawyers echo Sumption’s ‘police state’ warning – Law Society’s Gazette

‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’

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Law Society's Gazette, 31st March 2020

Source: www.lawgazette.co.uk

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

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Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

Secretary of State defeats challenge to refusal of permission for building described by inspector as “quite brilliant” – Local Government Lawyer

Posted March 31st, 2020 in appeals, government departments, local government, news, planning by sally

‘The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context”.’

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Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk